G/TBT/N/USA/1947  
2 December 2022  
(22-8978) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [1978]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Secondary 
lead smelters; Quality (ICS code(s): 03.120); Environmental protection (ICS code(s): 
13.020); Air qualit y (ICS code(s): 13.040); Lead, zinc, tin and their alloys (ICS code(s): 
77.120.60); Equipment for the metallurgical industry (ICS code(s): 77.180)  
5. Title, number of pages and language(s) of the notified document:  New Source 
Performance Standards Review for Secondary Lead Smelters; (15 page(s), in English)  
6. Description of content:  Proposed rule - The Environmental Protection Agency (EPA) is 
proposing amendments to the Standards of Performance for secondary lead smelters per 
the Agency's periodic review  of the new source performance standards required by the 
Clean Air Act (CAA) . In this action, we are proposing updates to the current New Source 
Performance Standards (NSPS)  for secondary lead smelters and proposing a new NSPS 
subpart that applies to affected sources constructed, reconstructed, or modified after the 
date of this prop osed rule. For the current NSPS subpart, we are proposing to revise the 
definitions of blast furnace, reverberatory furnace, and pot furnace to more closely align 
with the equipment definitions used in the National Emissions Standards for Hazardous 
Air Pollutants (NESHAP)  for secondary lead smelting. We are also proposing requirements 
for periodic performance tests for particulate matter  (PM) and incorporating revised 
monitoring, recordkeeping, and reporting requirements, including electronic reporting of 
performance tests, to be more consistent with the NESHAP. For the new subpart, we are 
proposing updated PM and opacity emissions limits  for blast, reverberatory, and pot 
furnaces that reflect the performance achieved by the best system for emissions 
reductions (BSER). In the new subpart, we are proposing PM and opacity emissions limits 
that apply at all times, including during periods of startup, shutdown, and malfunction 
(SSM), and proposing initial and periodic PM and opacity performance testing and the 
same equipment definitions, recordkeeping, and reporting requirements proposed for 
current NSPS subpart.  G/TBT/N/USA/1947  
 
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  7. Objective and rationale, in cluding the nature of urgent problems where 
applicable:  Protection of the environment; Quality requirements  
8. Relevant documents:   
87 Federal Register (FR) 73708, 1 December 2022; Title 40 Code of Federal Regulations 
(CFR) Part 60:  
https://www.govinfo.gov/content/pkg/FR -2022-12-01/html/2022 -25586.ht m 
https://www.govinfo.gov/content/pkg/FR -2022-12-01/pdf/2022 -25586.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OAR-2022-0481. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OAR-2022-0481/document  and provides access to primary and supporting documents as 
well as comments received. Documents are also accessible from Regulations.gov  by 
searching the Docket Number. WTO Members and their stakeh olders are asked to submit 
comments to the USA TBT Enquiry Point . Comments received by the USA TBT Enquiry 
Point from WTO Members and their stakeholders by 4pm Eastern Time  on 17 January 
2023 will be shared with the regulator and will also be submitted to the Docket  on 
Regulations.gov if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  17 January 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_8250_00_e.pdf